Is this a naive question?

by Readers Question

10:11 AM, 4th May 2020
About 7 months ago

Is this a naive question?

Make Text Bigger
Is this a naive question?

Well maybe my idea is daft illegal or both, but I figured you’re the guys to ask. I’m going to cash a little pension in soon and it’s not a great amount, but maybe 30k now I own a terrace outright.

In the past I’ve rented a room out, because I am  not brave enough to rent it out and buy another to live in.

However, I would buy another 3 bed terrace and rent two rooms out. Therefore, the question is can I move between the two terraces and rent rooms out in both legally?

I want to limit myself against none paying tenants and eviction costs etc. Sorry if my questions are a bit naive

Many thanks

Mark


Share this article

Twitter Facebook LinkedIn

Comments

Neil Patterson

10:37 AM, 4th May 2020
About 7 months ago

Hi Mark.
Always best to ask the question.

I think you are considering claiming you live in two properties and have lodger agreements for both?

However, you can only claim to have one main residence as far as I am aware.

Simon M

12:44 PM, 4th May 2020
About 7 months ago

No and there'd be a trail of paperwork to prove it. For example you'd need to declare where you live for any mortgage, andyou can't declare main residence on 2 properties for Council Tax even if they're in different areas.
If you want to do something e.g. to increase your income, consider: put the money into a larger house for yourself, then let out rooms to lodgers, or find a holiday let, otherwise it has to be an outright let. Assuming it's your first let I'd recommend you try to find a good agent - it will cost more and won't guarantee you avoid the problems, but may be easier than learning from experience.

Smartermind

12:51 PM, 4th May 2020
About 7 months ago

Reply to the comment left by Neil Patterson at 04/05/2020 - 10:37
Neil, you are right that a person can claim to only have one main residence, but nothing to stop anyone from living in two properties, in which case the tenants would be lodgers in both as Mark would be retaining part of the property for their own use.

The complication will arise in that Mark will have liability for council tax in both properties, one as his main residence and the other as a second home. He will also have to share costs for services such as electric, gas, water etc for both properties.

My late father left a house which we let out but retained a part for storing my late parents' effects. Although no one actually lived there, we had the right to access it at all times. It did have its own access as well as a shared door - that was kept locked at all times. Our legal advice was that it made the tenant and his family lodgers, but we never tested this in court even though the tenant/lodger never paid the full rent. In the end he vacated of his own free will.

Mark is worried that his arrangement may be illegal, but I don't think that is the case, providing the lodger/tenancy agreement is drawn up correctly clearly showing the areas that the lodger/tenant can't have access to.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Latest tier restrictions are a pretty blatant attack on less wealthy areas of the country

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More